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Budget Implementation Act, 2009 (S.C. 2009, c. 2)

Assented to 2009-03-12

Transitional Provision

Marginal note:Agreements or arrangements entered into before royal assent

440. Any party to an agreement or arrangement entered into before the day on which this Act receives royal assent may, within one year after that day, apply under section 124.1 of the Competition Act without payment of any fee for an opinion on the applicability to the agreement or arrangement of section 45 or 90.1 of the Competition Act, as enacted by sections 410 and 429, respectively, as if the agreement or arrangement had not yet been entered into and as if that section 45 or 90.1 were in force.

Consequential Amendments

Marginal note:R.S., c. 19 (2nd Supp.), Part I

Competition Tribunal Act

Marginal note:2002, c. 16, s. 19

441. Subsection 11(1) of the Competition Tribunal Act is replaced by the following:

Marginal note:Hearing of applications

  • 11. (1) The Chairman of the Tribunal, sitting alone, or a judicial member designated by the Chairman, sitting alone, may hear and dispose of applications under subsection 100(1), section 103.1 or 103.3 or subsection 104(1) or 123.1(1) of the Competition Act and any related matters.

Marginal note:R.S., c. C-46

Criminal Code

Marginal note:2004, c. 15, s. 108

442. Subparagraph (c)(i) of the definition “offence” in section 183 of the Criminal Code is replaced by the following:

  • (i) section 45 (conspiracies, agreements or arrangements between competitors),

Marginal note:R.S., c. 17 (3rd Supp.)

Shipping Conferences Exemption Act, 1987

443. Subsection 4(4) of the Shipping Conferences Exemption Act, 1987 is replaced by the following:

  • Marginal note:Exception re predatory practices

    (4) Subsection (1) does not have the effect of exempting from the application of the Competition Act any member of a conference who engages in, or who conspires, agrees or arranges with another person to engage in, a practice of selling products at prices unreasonably low that has the effect or tendency of substantially lessening competition or eliminating a competitor or is designed to have that effect and that is a practice of anti-competitive acts referred to in paragraph 79(1)(b) of that Act.

Coming into Force

Marginal note:Sections 410, 429 and 442

444. Sections 410, 429 and 442 come into force one year after the day on which this Act receives royal assent.

PART 13

Marginal note:R.S., c. 28 (1st Supp.)

INVESTMENT CANADA ACT

Amendments to the Act

445. Section 2 of the Investment Canada Act is replaced by the following:

Marginal note:Purpose of Act

2. Recognizing that increased capital and technology benefits Canada, and recognizing the importance of protecting national security, the purposes of this Act are to provide for the review of significant investments in Canada by non-Canadians in a manner that encourages investment, economic growth and employment opportunities in Canada and to provide for the review of investments in Canada by non-Canadians that could be injurious to national security.